Emery Worldwide, 318 (1992)

National Labor Relations Board

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Emery Worldwide, 318 (1992)

Emery Worldwide, a Division of Consolidated Freight Corp. and Earl Bragunier. Case 6-CA- 22284

February 14, 1992

DECISION AND ORDER

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND OVIATT

On August 30, 1991, Administrative Law Judge Leonard M. Wagman issued the attached decision. The General Counsel filed exceptions and a supporting brief, and the Respondent filed an answering brief.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions and briefs1 and has decided to affirm the judge's rulings, findings,2 and conclusions and to adopt the recommended Order.

ORDER

The recommended Order of the administrative law judge is adopted and the complaint is dismissed.

1 We find it unnecessary to pass on the General Counsel's motion to strike portions of the Respondent's answering brief because the judge, whose dismissal of the complaint we are adopting here, did not rely on similar arguments that the Respondent had raised to him in its posthearing brief.

2 The General Counsel has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule...

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